A tragic airplane crash has led to a wrongful death lawsuit against an individual and a corporation. Robert Dixon, as the Personal Representative of the Estate of Mary Ellen Pender, filed the complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on July 3, 2024, naming Jemin Ghanshyambhai Patel and Control Data, Inc. as defendants.
The case stems from a fatal incident that occurred on February 1, 2024. According to the complaint, Mary Ellen Pender was visiting a home at 2647 Pagoda Drive in Clearwater when an aircraft operated by Jemin Ghanshyambhai Patel crashed into the residence. The aircraft reportedly caught fire mid-flight before losing control and crashing into the home, resulting in Pender's death. Robert Dixon was appointed as the Personal Representative of his late wife's estate on April 10, 2024.
Dixon alleges that Patel was negligent in operating and maintaining the aircraft. The complaint states that Patel continued to operate the aircraft despite being aware it was unsafe. "Defendant PATEL breached those duties by failing to operate and maintain the Aircraft in a safe manner," reads one part of the complaint. As a result of this alleged negligence, Dixon claims that Pender sustained fatal injuries which have caused significant emotional and financial damages to her estate and surviving family members.
The lawsuit also targets Control Data, Inc., asserting vicarious liability for Patel's actions under Florida’s Dangerous Instrumentality Doctrine. Control Data is identified as the registered owner of the Beech V35B aircraft involved in the crash and is accused of failing to ensure its safe operation and maintenance. "Defendant CONTROL DATA owed a non-delegable duty to exercise reasonable care in the operation and maintenance of the Aircraft," states another section of the complaint.
Dixon seeks damages exceeding $50,000 for medical expenses related to Pender's injuries and death, loss of prospective net accumulations for her estate, mental pain and suffering endured by him as her husband, and other compensatory damages allowed under Florida’s Wrongful Death Act. The plaintiff demands judgment against both defendants along with post-judgment interest, attorneys’ fees where appropriate, and taxable costs associated with these proceedings.
Representing Robert Dixon is Marc Matthews from McIntyre Thanasides Bringgold Elliott Grimaldi Guito & Matthews, P.A., based in Tampa. The case is presided over by Judge Ken Burke under Case Number 24-002981-CI.